Forrester
City of Los Angeles v. Forrester
Opinion
Lead Opinion
Waste, J.
Judgment for the City of Los Angeles was entered in an action to quiet title to property claimed for park purposes. Subsequently, the city filed notice of motion for a writ of possession. Issuance of the writ was denied. Plaintiff thereupon appealed from the order denying the motion. A typewritten “Clerk’s Transcript” was duly filed. Respondents moved to dismiss the appeal upon the ground that there is no proper record on appeal before the court, in that there is no bill of exceptions on file as required by Rule XXIX of this court.
The motion must be denied. If any matters other than such as appear on the face of a judgment roll are sought to be reviewed on appeal, the record thereof may be presented either by a bill of exceptions or by a reporter’s transcript prepared under the provisions of section 953a of the Code of Civil Procedure. Rule XXIX of this court, providing for the authentication of papers on appeal, distinctly so provides. (Sutcliffe v. Sutcliffe, 220 Cal. 398, 401 [ 31 Pac. (2d) 195 ].) Other than the judgment roll, no further record is required for appeals on the judgment roll alone.